Guidelines for Receiving Pastoral Ministers in the USA

that a diocese or eparchy sponsors them. CIS generally views time spent on the F visa as a period of study and not as a period of work, whether or not the seminarian is assigned to pastoral duties or has been ordained a deacon. Although many seminarians would prefer to obtain special immigrant status immediately upon graduation and ordination to the priest hood, the more cautious and prudent immi gration route is to change to the R visa, work the requisite two years and obtain approval of the I-360 special immigrant petition, and then adjust status to permanent residency. In this way, there can be no question concern ing the accrued two-year work experience as a minister immediately prior to submitting the special immigrant petition. E. Considerations and Potential Problems 1. Religious Occupation and Religious Vocation Religious occupation is defined as follows: (1) the duties must primarily relate to a tradi tional religious function and be recognized as a religious occupation within the denomina tion; (2) the duties must be primarily related to, and must clearly involve, inculcating or carrying out the religious creed and beliefs of the denomination; and (3) the duties do not include positions that are primarily adminis trative or supportive in nature such as janitors, maintenance workers, clerical employees, fund raisers, persons solely involved in the solicitation of donations, or similar positions, although limited administrative duties that are only incidental to religious functions are permissible. Religious study or training for religious work does not constitute a religious occupation, but a religious worker may pursue study or training incident to status. Religious vocation means a formal life time commitment, through vows, investitures, ceremonies, or similar indicia, to a religious way of life. The religious denomination must have a class of individuals whose lives are dedicated to religious practices and functions, as distinguished from the secular members of the religion. Examples of individuals practic ing religious vocations include nuns, monks, and religious brothers and sisters.

2. Inspections Onsite inspections by local CIS fraud units are typically conducted before approval of religious worker cases. Fraud investigators will visit employer locations to verify evidence submitted with petitions. Fraud inspectors use an audit compliance form that includes specific questions to ask when conducting site visits. Site visits may include a tour of the facility, a review of employer records, and an interview with relevant personnel at the facility. If the first visit does not indicate actual or potential fraud, CIS may decide not to conduct audits for subsequent petitions filed in the near future. CIS may also perform a post-admission audit to verify that the reli gious worker is performing work as stated in the petition. Further, an inspection may take the form of a telephone call or an email from CIS sent to the petitioner or representative, requesting certain documents to be emailed back to CIS. 3. Premium Processing Petitioners for the R nonimmigrant appli cations may request premium processing from CIS. Premium processing is only avail able for petitioners who have successfully passed an onsite inspection. Currently, for an additional $1,225 processing fee, CIS will issue one of the following notices within fifteen calendar days: an approval notice, a denial notice, a notice of intent to deny, or a request for additional evidence. Premium processing requests are made by submitting the completed Form I-129 with supporting documentation, Form I-907, Request for Premium Processing Service, and the two fil ing fee checks to CIS. 4. Attestation: Requirements and Logistical Considerations An attestation, which must be executed by an authorized official of the prospective employer and submitted along with the petition, contains twelve distinct elements. Some aspects of the attestation are burden some for petitioning organizations including dioceses or eparchies, especially the need to document the number of employees who

C-6 | Civil Law Considerations—Immigration Law